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April 28, 2023

HHS Announces Rule Proposal to Expand Access to Healthcare for DACA Recipients

On April 26, 2023, HHS published a proposed rule to expand access to healthcare for DACA recipients by clarifying and updating eligibility requirements for coverage through the Affordable Care Act marketplace, a Basic Health Program, Medicaid, or CHIP. The rule, if finalized, would amend the definition of “lawfully present” to include DACA recipients along with other similarly deferred action recipients. The rule change could provide access to health insurance coverage for 129,000 DACA recipients who were previously uninsured by extending Medicaid and CHIP coverage to eligible children and pregnant people in several states. HHS requests that all comments on the proposed rule be submitted by June 23, 2023, with a target effective date of November 1, 2023. 

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